Supreme Court of India · 1969-09-12
MUNNI DEVI & ANR. vs GOKAL CHAND & ORS.
- Citation / case number
- SC 1966/60282
- Court
- Supreme Court of India
- Petitioner
- MUNNI DEVI & ANR.
- Respondent
- GOKAL CHAND & ORS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 7(2) and Section 16 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947, the District Magistrate's determination of vacancy is not conclusive and can be challenged in civil court if jurisdictional facts are incorrectly decided. The Court ruled that the respondent's suit for declaration of tenancy was maintainable, as the District Magistrate's erroneous decision did not confer him jurisdiction. The appeal was dismissed, affirming the lower courts' decisions.